Free (Trustee) v Crawford, in the matter of Crawford (Bankrupt) [2018] FCA 337

FEDERAL COURT OF AUSTRALIA

Free (Trustee) v Crawford, in the matter of Crawford (Bankrupt) [2018] FCA 337

File number: NSD 2086 of 2017

Judge: THAWLEY J

Date of judgment: 15 March 2018

Catchwords: BANKRUPTCY – application by trustee in bankruptcy for an order granting vacant possession of property – orders made by consent

Legislation: Bankruptcy Act 1966 (Cth) ss 30(1)(b), 58(1), 77(1)(e), 77(1)(g) Federal Court Rules 2011 (Cth) r 41.06

Cases cited: Coshott v Prentice (2014) 221 FCR 450

Date of hearing: 15 March 2018

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 24

Solicitor for the Applicant: Mr D Mitchell of Matthews Folbigg Lawyers

Counsel for the Respondent: The respondent did not appear

ORDERS NSD 2086 of 2017 IN THE MATTER OF GREGORY RONALD CRAWFORD, A BANKRUPT BETWEEN: STEWART FREE AS TRUSTEE OF THE PROPERTY OF GREGORY RONALD CRAWFORD, A BANKRUPT Applicant

AND: GREGORY RONALD CRAWFORD Respondent

JUDGE: THAWLEY J DATE OF ORDER: 15 March 2018

BY CONSENT, THE COURT ORDERS THAT:

1. Pursuant to s 30(1)(b) and s 77(1)(e) and (g) of the Bankruptcy Act 1966 (Cth), the respondent vacate and deliver up to the applicant vacant possession of the land together with the improvements erected thereon comprised in Folio Identifier 1/1021783 and known as 5 Denham Court Road, Denham Court, in the State of New South Wales (Property) on or before 26 April 2018. 2. Pursuant to s 30(1)(b) and s 77(1)(e) and (g) of the Bankruptcy Act 1966 (Cth), the respondent deliver up to the applicant the keys for all buildings and improvements on the Property on or before 26 April 2018. 3. Pursuant to s 30(1)(b) and s 77(1)(e) and (g) of the Bankruptcy Act 1966 (Cth), the respondent remove from the Property on or before 26 April 2018 all motor vehicles, rubbish, and any other chattels or personal property which have not vested in the applicant as the respondent's trustee in bankruptcy under s 58(1) of the Bankruptcy Act 1966 (Cth). 4. In the event the respondent fails to comply with order 3 herein, the applicant is empowered to remove and dispose of any and all personal property on the Property as he sees fit. 5. In the event the respondent fails to give vacant possession of the Property to the applicant in compliance with order 1 herein, order that a writ of possession of the Property issue forthwith in favour of the applicant. 6. Reserve liberty to apply. 7. The respondent pay the applicant's costs of these proceedings as agreed between the parties in the sum of $25,240.30. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.